Sanitary Co. of America v. Commissioner

BUFFINGTON, Circuit Judge.

The first question involved in this case is whether the taxpayer corporation was entitled to a deduction in income by virtue of the Revenue Act of 1918, which authorizes such deduction for “losses sustained during the taxable year and not_compensated for by insurance or otherwise.” 40 Stat. 1067, § 214(a) (5). The entire proofs pertaining thereto were given by the witnesses called by the taxpayer. No contradiction of facts is involved. The question therefore was wholly one of deduction from undisputed facts. The Commissioner drew the conclusion no loss was shown, and…